Where a worker received an unfavourable impairment determination (less than 30%) under s 135A of the Accident Compensation Act 1985 before 12 November 1997 but did not obtain a serious injury certificate until after that date, the worker is required to comply with the amended pre-conditions in s 135A(2DE) before commencing common law proceedings. An unfavourable determination does not confer any accrued right to bring proceedings; the cause of action arises only upon the grant of a serious injury certificate or equivalent event.
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